Lawyers, Answer Questions  & Get Points Log In
Texas Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Tumor found in my lung in July 2023. Was not informed until November of 2023 when second scan was done revealing it.

Pulmonary doctor told me I did not have cancer. Thoriatic surgeons told me i had cancer in Feb 2024. What are my options?

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

You need to consult an oncologist and surgeon to discuss your treatment options. This is more of a medical question than a legal question.

If you are asking about a possible malpractice claim, your question is confusing. You seem to say that a tumor was found in your lung in July 2023,...
View More

View More Answers

2 Answers | Asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas on
Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.

Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in...
View More

View More Answers

2 Answers | Asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas on
Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

To address the concerning events you've described, finding a lawyer experienced in estate law and possibly medical malpractice or elder law (depending on your situation) in Florida is crucial. This lawyer can help review the circumstances under which you signed the documents and assess whether... View More

View More Answers

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

There are rare cases in which a doctor is negligent in administering an epidural and it causes a significant injury to the plaintiff. What happened in your particular case, however, will need to be carefully evaluated by a health care practitioner in the same field of medicine as the doctor who... View More

View More Answers

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2024

I'm sorry for your ordeal. It could be difficult for attorneys to answer your question based on the facts contained in the post. If a law firm felt that you might have a possible basis for a claim, they would retrieve your records and review with a doctor, possibly proposing diagnostic imaging... View More

View More Answers

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Not all mistakes and omissions will amount to medical malpractice. You have to prove all elements of medical malpractice and have the expert certify that the particular doctor's conduct fell below the standard. Generally, you have one year to file a medical malpractice claim absent a very... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: During pregnancy my concerns were ignored and I got a renal infection due to lack of action. Is this a malpractice case?

Duing my second pregnancy, I brought my concerns to multiple OBGYN's about pain and other symptoms, and even specified what I was experiencing did not feel normal, but kept getting told the second pregnancy feels different and it's worse for me because I didn't wait at least a year... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 30, 2024

It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability...
View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: During pregnancy my concerns were ignored and I got a renal infection due to lack of action. Is this a malpractice case?

Duing my second pregnancy, I brought my concerns to multiple OBGYN's about pain and other symptoms, and even specified what I was experiencing did not feel normal, but kept getting told the second pregnancy feels different and it's worse for me because I didn't wait at least a year... View More

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2024

I'm sorry for your ordeal. Unfortunately, it could be difficult for any attorney here to meaningfully answer your question. One option would be to reach out to attorneys to try to set up a free initial consult. Law firms that handle such cases extend that courtesy, and some firms make... View More

View More Answers

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I went to my local dentist to have my temporary crown taken off and replaced with my new crown two months ago. The dent

The dental hygienist that worked on me used metal players to supposedly remove the temporary crown. Pulling downward as hard as she could it wouldn’t come off. At least on three attempts the metal plyers slipped and hit my bottom teeth hurting me each time. I asked her are you sure you are... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 28, 2024

You do have a potential case.

Medical malpractice means that a dentist violated the standard of care. A bad outcome is not enough. Another dentist would be needed to evaluate what the dentist did. What occurred here appears to be malpractice.

Due to the nature of dentist...
View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Went to a Dentist, they really messed up my teeth badly. What can I do, Sue?

Got pictures of what my teeth looked like before the dentist and after.

Joel Gary Selik
Joel Gary Selik
answered on Sep 14, 2023

You might have a case.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of your injuries may effect...
View More

2 Answers | Asked in Civil Litigation, Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Can a hospital be held liable for patient dumping in Corpus Christi Texas

On April 1st 2022 I was thrown out of Christi Spohn Hospital Shoreline because I couldn't keep myself off of the floor while there because I was bleeding internally and also had damage to my back. My wife then rushed me to Bay Area where I was given 7 units of blood products and treated for a... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Yes, a hospital can be held liable for patient dumping in Corpus Christi, Texas.

You will need to prove that you presented yourself to the emergency department for care and that the emergency refused to conduct a medical screening and/or refused to stabilize your condition because of your...
View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I need to file a claim against Brooke Army medical center pro se. Is it hard, do I need to attach medical records?

Is asking for 5 million too much. My sf95 was denied and so was my appeal.

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

You will need to include with your filing the required report of a medical professional in the same field of medicine and the same area of specialization as the healthcare provider who you are accusing of malpractice. Be sure you understand exactly what is required.

What is reasonable in...
View More

View More Answers

3 Answers | Asked in Libel & Slander, Medical Malpractice and Personal Injury for Texas on
Q: where can I find a healthcare lawyer who handles general negligence, medical negligence, & unprofessional conduct?

A minor was falsely accused of sexual abuse and questioned without parental consent by her dentist.

John Michael Frick
John Michael Frick
answered on Jul 10, 2023

This is an extraordinarily unusual situation and there is no clear 'area of law' that governs it.

Complaints about unprofessional conduct of a dentist can be made to the Texas State Board of Dental Examiners (https://tsbde.texas.gov/complaint-investigations-process/). This may...
View More

View More Answers

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Does sb14 give police officers the authority to arrest someone committing an offense against this law?

Does sb14 give police officers the authority to arrest someone committing an offense against this law?

Can the female genital mutilation law from 1999 be used in conjunction with the new gender mutilation law, sb14? Also, I was told not a single DA would take a case with the charge from the... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Built into the 1999 law is the following defense:

"It is a defense to prosecution under Subsection (a) that:

(1) the person performing the act is a physician or other licensed health care professional and the act is within the scope of the person's license; and...
View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I sue a Dr. for missing a diagnosis that caused my son to be preterm and complications during pregnancy?

My son was born preterm, with complications in 2016. I was recently diagnosed (by a different Dr. in 2023) with a heart shaped uterus-very rare and I should’ve been high risk during my entire pregnancy-but was never told this. I suffered complications because of it, and now will forever have... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 23, 2023

You and the child may have cases. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

The cases may or may not be beyond the time limit to sue. Consult with experienced...
View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Hello i have a question to see if i may have a case i have a dr that put a device n my leg he told me that it would not

harm my leg ok it is causeing me to have an infection not once but twice he knows this he wont remove it he has blocked my phone calls and not responding to me

John Michael Frick
John Michael Frick
answered on May 8, 2023

A medical malpractice claim requires that a doctor’s act or omissions fall below the standard of care of doctors in the same area of practice in the same or similar circumstances. The mere presence of an infection does not necessarily mean the doctor’s actions fell below the standard of care.... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Is it illigal for a hospital to deny medical care to someone requesting it?

My boyfriend's sister was just found dead in a hospital stairwell. Police report states that she attempted to be admitted into the hospital but she was unable to give hospital staff her name or information and so they denied her care, she died within hours of being denied care.

John Michael Frick
John Michael Frick
answered on May 8, 2023

A patient is typically required to provide insurance and payment information before seeing a doctor. But, under a federal law known as the Emergency Medical Treatment and Labor Act (EMTALA), an emergency department must treat or stabilize anyone who has an emergency regardless of their insurance... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: How can I find a medical neglect attorney who would take my case if it is not worth hundreds of thousands of dollars ?

I injured my leg pretty bad and at the time didnt know my ankle was fractured. Next to my primary care doctor was a doctor who had orthopedic sports medicine specialty on his door he was only a DO. I made an appt. My leg was bruised from the top of the knee all the way down to my foot was black... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

The best way is to offer to pay an hourly fee plus all case expenses.

Clients with medical malpractice cases often expect an attorney to take their case on a contingency fee and to front all case expenses which can be substantial.

It rarely makes sense to do so unless the realistic...
View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: How can I find a medical neglect attorney who would take my case if it is not worth hundreds of thousands of dollars ?

I injured my leg pretty bad and at the time didnt know my ankle was fractured. Next to my primary care doctor was a doctor who had orthopedic sports medicine specialty on his door he was only a DO. I made an appt. My leg was bruised from the top of the knee all the way down to my foot was black... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2023

The only way to do this is to contact medical malpractice attorneys in your state. Medical malpractice cases have many requirements and are expensive to pursue. Therefore, many attorneys require significant damages before they can take on a medical malpractice case. This can be made even worse... View More

View More Answers

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: The hospital gave me a medication 900 mg higher than my usual dosage which caused me to be admitted to a rehab facility.

I was prescribed gabapentin at 1200 mg a day while in the hospital and in the rehabilitation center. While in the hospital I went from being able to barely walk from sickle cell pain to not being able to walk without the assistance of a wheelchair or walker with extreme tremors! The hospital then... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 15, 2023

You have a potential medical malpractice case consult with experience, Medical Malpractice attorneys in your state

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did....
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.